1. (a) To be eligible for Children's Medicaid, an applicant must be:

   1. (1) a newborn with countable income equal to or less than 185% of the Federal Poverty Income Limit (FPIL);
   2. (2) a child one to five years of age with countable income equal to or less than 133% of the FPIL;
   3. (3) a child six to 18 years of age with countable income equal to or less than 100% of the FPIL;
   4. (4) a newborn whose birth mother was a Texas Medicaid recipient when the child was born;
   5. (5) a child born while the child's mother was incarcerated in a Texas criminal justice facility as provided by the Texas Human Resources Code §80.003; or
   6. (6) a child who would be eligible for the Temporary Assistance for Needy Families Program, except for the applied income of the stepparent or grandparents with whom the child lives.
2. (b) A parent or caretaker may choose to exclude other siblings from the Medicaid budget group. If a child is excluded, the child must remain excluded for all Medicaid programs. A parent or caretaker may not exclude a child from the parent or caretaker's budget group. If a child is excluded from his or her siblings' budget group, the parent or caretaker of the excluded child cannot receive Medicaid.

Source Note:The provisions of this §366.507 adopted to be effective June 9, 2010, 35 TexReg 4661.